Delhi High Court - Orders
Raffles Education Investment ( India) ... vs Educomp Professional Education ... on 30 November, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(EFA)(COMM.) 6/2017
RAFFLES EDUCATION INVESTMENT ( INDIA) PTE LTD &
ANR. ..... Decree Holders
Through: Ms. Pritha Srikumar Iyer and
Ms. Saumya Sinha, Advocate.
versus
EDUCOMP PROFESSIONAL EDUCATION LIMITED
..... Judgement Debtor
Through: Ms. Bani Dikshit and Mr. Uddhav
Khanna, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 30.11.2023 EX.APPL.(OS) 1556/2023 (on behalf of Judgement Debtor seeking recall of the order dated 07.11.2023)
1. By way of this application, the Applicant/ Judgement Debtor seeks recall of order dated 7th November, 2023 ["impugned order"], whereby this Court allowed EX.APPL.(OS) 1080/2023 and directed the production of all statements from the date of opening of certain bank accounts of the Judgement Debtor.
2. Ms. Bani Dikshit, counsel for the Applicant, advances the following submissions:
2.1. The impugned order was passed ex parte, as the Judgement Debtors were unable to join the Court proceedings on account of the video This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2023 at 21:26:17 conferencing mechanism not working.
2.2. In their absence, the Decree Holders have misled the Court by alleging violation of the orders of this Court dated 20th November, 2019 and 30th December, 2019, by the Judgement Debtor, in order to obtain the directions issued in the impugned order.
2.3. The order of 7th July, 2023 has been assailed by way of a Special Leave Petition ('SLP') before the Supreme Court, which is yet to be listed. Therein, several critical issues have been raised challenging the award dated 31st March, 2017, including on the grounds of public policy and public interest. She contends that the Decree Holders were aware of this fact, however, they did not bring the same to this Court's notice at the time of passing of the impugned order.
2.4. A reading of the entire impugned order would lead to the conclusion that the Judgement Debtor has not complied with the earlier orders of this Court, which is not the case. Accordingly, the directions issued in the impugned order have the effect of severely prejudicing the Judgement Debtor.
3. In the opinion of this Court, the submissions advanced in the present application are misconceived. In the impugned order, after noting the contentions of the parties, the Court has considered it appropriate to direct the Branch Managers of those banks mentioned in Paragraphs No. 8(a) to 8(d) of EX.APPL.(OS) 1080/2023 to produce the bank statements of the Judgment Debtor. These statements of accounts would only indicate the financial means of the Judgment Debtor, so as to assist the Court to take a view on the grant of reliefs sought in the present enforcement petition. Therefore, in the opinion of the Court, directing the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2023 at 21:26:17 production of such documents which are necessary for adjudication of the present proceedings cannot in any manner be considered prejudicial to the Judgment Debtor, especially considering the fact that the Court has already, vide order dated 7th July, 2023, rejected the objections of the Judgment Debtor and held the arbitral award dated 31st March, 2017, to be enforceable in law.
4. In light of the aforesaid, the present application is dismissed.
O.M.P.(EFA)(COMM.) 6/2017
5. List on 12th February, 2024.
SANJEEV NARULA, J NOVEMBER 30, 2023 nk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2023 at 21:26:17